lunedì 29 aprile 2024

That ugly mess of sanctions against Russia and asset freezes...

 

That ugly mess of sanctions against Russia and asset freezes.

World War III on the doorstep of Europe?

April 28, 2024

That ugly mess of sanctions against Russia and asset freezes.

   Dick Cheney, who was vice president of the United States from 2001 to 2009, under the presidency of George Bush, declared many years ago: "the alliance between German technology and Russian raw materials and low-cost labor are a danger for United States which must be absolutely avoided." Moreover, for the American neo-cons the preservation of American hegemony in the world, according to the Wolfwitz ​​doctrine, is worth a dogma. However, the war drums with Russia, according to many geopolitical analysts, actually began to beat on March 24, 1999, when the NATO "Allied Force" operation was launched and Serbia was bombed. According to these researchers, behind this conflict there was the so-called "green belt" strategy to contain Russia's strategic growth, exactly as it was theorized in the book "The Great Chessboard" by Brezinsky, who was a widely listened to advisor to 6 American presidents. It was essentially a containment of the former communist-Slavic-Orthodox bloc. 

   Already in 2014, following the annexation of Crimea by Russia, sanctions were imposed against Russia, including individual targeted sanctions, economic sanctions and diplomatic measures. To date, 13 sanctions packages have been launched against Russia and they are working on a 14th, which could include a ban on the import of Russian liquid natural gas. In 2016 the Grimaldi Law Firm of Milan, together with the Romanoff & Partners Foundation and the Centro Studi Libere Identità Europeane, organized a conference against the sanctions against Russia, entitled "Russia: time of opportunities", predicting that there would be a notable boomerang on the European economy, as in fact happened. 

   It was Mario Draghi who suggested to the West the confiscation of the monetary assets held abroad by the Russian Central Bank. The colossal figure is close to 300 billion dollars. In February 2023, however, Bloomberg broke the news that the European Union's legal service had confirmed that it had no idea where 86% of the Russian Central Bank's frozen assets were located. It is therefore the European banks that should provide the European Commission with data on frozen Russian assets. The problems, however, also concern individual Western investors who have invested in bonds issued in rubles by prestigious issuers such as IFC, International Finance Corporation, EBRD, the European Bank for Reconstruction and Development, and the Russian Federative Republic itself. Even in this case there was no shortage of anomalies and Italian banks behaved in a totally different way. Among the large institutions, Unicredit seems to have tried to protect investors. Many small banks quickly took action to defend the interests of their customers,advising to promptly sell bonds in rubles, in consideration of the worsening of relations with Russia, or, having investors open accounts in rubles so that, despite the impossibility of exchanging the Russian currency, the money was already in Italy, ready to be cashed, following a possible improvement in the situation, or by triangulating ruble bonds with state banks, which had been slow to join the sanctions against Russia. 

   From the direct testimony of a customer of an important Italian private bank we instead gather evidence of the disinterest shown by this institution in protecting customers in this delicate situation. Although the investor interviewed had around 25% of his capital invested in ruble bonds, no support appears to have been offered. The client underlined the months-long time required to obtain a copy of the Issue Regulations for bonds in rubles, from which it could be deduced whether or not the issuer had foreseen a possible payment in an alternative currency to the ruble, which is normally the American dollar. Information was provided to the investor "drip-and-drip" and often contradictory, according to the bank offices consulted. The bank in question tried to put obstacles in the way of transferring some bonds abroad, despite the fact that the legislation only prevented the exchange of currency. 

   Among the various complaints, the failure to pay the coupon 20/3/2022 of the IFC 5.% bond (code isin XS1793259265) stands out in particular. The surprise arises from the fact that this coupon was regularly paid by other Italian banks, which in any case always had BPN Paribas as a sub-custodian. Furthermore, the institution paid, with a year's delay, and without recognition of interest, the IFC coupon 03/20/2023 of the same bond in rubles, after IFC had made the payment in an alternative currency, and only after the warning from complaint by the client's criminal lawyer. 

   It should also be noted that, following the sanctions against the Russian National Settlement Depositary, many intermediaries and custodians have taken action, sending requests for authorization and exemption to the competent authorities, according to the offices of the clearing circuits, or to the "Belgian Treasury ", in relation to Euroclear, and to the Ministry of Finance of Luxembourg, in relation to Clearstream. However, it cannot be forgotten that the problems for some investors began before June 3, 2022, when the Russian National Settlement Depositary was designated as an EU-sanctioned entity. On March 17, 2022, the Russian National Settlement Depositary informed that Euroclear had stopped executing instructions received from NSD itself and a week later it became known that Clearstream had blocked NSD's account; he later exchanged the codes with Raffaisen Bank Moscow. 

   In all of this, the assets of Western investors have ended up in limbo, officially in "third party accounts", registered to the clearing circuits. This situation concerns many investors, who to date, being fragmented, have not received answers regarding the future of their investments. However, there are defrosting procedures which the bank customer we interviewed promptly requested to be activated. Also in this case there was absolute silence and no response. However, the law firms Withers and Saveliev & Partners believe that, according to the order of the President of the Russian Federation n. 95 of 5/3//2022 "payments of coupons and dividends and/or operations with financial instruments, including securities, which exceed 10 million rubles per month, are permitted to "non-residents" of the so-called "hostile countries" " only if such payments are made to a designated "C" type account in a Russian bank and if the payments are made in rubles; payments in rubles and in foreign currency to a normal, non-type "C" account are permitted only with the prior authorization of the Russian Central Bank or the Ministry of Finance of the Russian Federation; funds from "C" type accounts can only be spent on the territory of the Russian Federation, according to certain methods". 

   Recently the American Congress passed a law called the REPO ACT, which is a clever play on words. The acronym stands for "Rebuilding Economic Prosperity and Opportunity (for Ukrainians), but the term "REPO" is the slang used for "repossession" and is used when, for example, the bank takes away the house because the installments have not been paid of the mortgage. With this law the US government can appropriate the over 6 billion dollars, owned by Russia, which are frozen in American banks to give them to the Ukrainians. The law passed with an overwhelming majority. Among the few opposing voices was that of Rand Paul who called it "an act of economic warfare that could have devastating consequences for the United States". Rand Paul is the son of Ron Paul, the famous American presidential candidate, who based part of his election campaign on the abolition proposal. of the Federal Reserve System. The Kremlin spokesman, Dimitri Peskov, declared that this move risks becoming the destruction of the very foundations of the global economic system, against its real interests, against the interests of its companies ,see for example the case of the Russian branches of Ariston and Bosch, which were temporarily transferred to the Gazprom Group, risks having a world war on its doorstep within a century, for the third time, after the second made as many as 55 million victims.

domenica 28 aprile 2024

Dishonest Seigniorage from Credit Currency (from a banker's view...)

From: Jens Reich, Seigniorage: On the Revenue from the Creation of Money (New York: Springer International Publishing, 2017), pp. 148, $109.99 (hardcover). ISBN: 9783319631233

DOI 10.1007/978-3-319-63124-0_5





Chapter 5

Seigniorage from Credit Currency

    The purpose of this chapter is to demonstrate that the return from seigniorage and the economic laws governing the latter depend on the institutional currency supply  framework. To do so, the modern framework for a fiat currency as presented in Chap. 3 was transferred to a commodity currency in Chap. 4. Now the modern framework is applied to a credit currency. This allows a comparison to be made between the economic laws governing the return from seigniorage and its optimality across different currency forms.

    In a credit currency framework, the responsible authority, usually a public central bank, determines interest rates at which the currency can be borrowed and maintains these rates by accommodating the corresponding demand. An increasing number of economists have put forward analyses assuming a refinancing central bank. There are early contributors, like Wicksell (1898 or 1922), Keynes in his Treatise (Keynes 1930 [1971]), Hahn (1930), Hawtrey (1962), Davidson (1972), Black (1987), or Moore (1991). Recently many more contributions around this topic have been made. A (not always homogeneous) shift in assumptions or simply the assumption of a credit currency can be found in the work of New Keynesians (Woodford 2003), Post-Keynesians (Arestis and Sawyer 2008; Lavoie and Godley 2012), other economists (see Binswanger 2006; Emunds 2000; Gebauer 2004; Nautz 2000), and also central banks (Bank of Canada 2010; Bundesbank 2010, 2017; European Central Bank 2011). Surprisingly, almost all of these authors either omit the issue of seigniorage and so provide no analysis of it or revert to the standard assumption of a fiat currency.

    Hence, it seems to be true what Keynes argued almost a century ago:

   But although my field of study is one which is being lectured upon in every university in the world, there exists, extraordinarily enough, no printed treatise in any language—so far as I am aware—which deals systematically and thoroughly with the theory and facts of representative money [i.e. credit currency—JR] [1] as it exists in the modern world. (Keynes 1930, p. Xviii)

    In contrast to a fiat currency, seigniorage stems from interest payments made by those demanding credit currency from the monetary authority (see, for instance, Deutsche Bundesbank 2010, p. 70). The monetary authorities supplying the currency receive the monetary seigniorage and, after allowing for costs, apply the net revenue, the fiscal seigniorage, to run the monetary system—hence to the government (the treasury). This is one of the tasks of this chapter: to transfer the contemporary framework to a credit currency (see Sect. 1), study the resulting laws governing the return from seigniorage (see Sect. 2), and finally consider the optimality considerations of cost-covering seigniorage (see Sect. 3). Hence, the chapter repeats the analysis carried out in Chaps. 3 and 4 but here assuming a credit currency.

5.1  The Framework

    The purpose of this chapter is to extend the framework described in Chap. 3 to a credit currency regime. For a credit currency, the supply of currency depends on the interest rates which the central bank both wishes to sustain and is able to. Currency demand is, as above, assumed to depend positively on prices and negatively on the cost of acquiring and hoarding currency: the established interest rate in the money market, the currency, or the money rate of interest (i). The higher the central bank rate, the higher the cost of borrowing and the higher the opportunity cost of liquidity.

    Usually the central bank distinguishes a main (iCB) and a marginal refinancing rate (iCB ). The marginal refinancing rate is usually a markup on the main refinancing rate. At this rate, central banks provide in principle unlimited amounts of currency (against security). For simplicity, the main and marginal refinancing rate may be referred to as “the central bank rate.” Positive balances on central banks’ accounts are usually paid a deposit rate close to the main refinancing rate for balances due to minimum reserve requirements and a varying deposit facility (iCB+) for balances beyond the minimum reserves. By controlling the central bank rate and the deposit rate, the central bank may more or less precisely determine the currency rate of interest. Put the other way around and slightly simplified, the supply of credit currency follows endogenously from the currency rate target pursued by the central bank [2]:

Fig. 5.1 Simplified supply and demand for a credit currency (Illustration based on this research)


Depending on the income from interest payments, the government can finance purchases of goods (AGp) and services (w‘G). The central bank supplies the currency (B) in the form of credit to the public and effectively charges the currency rate of interest. Hence, interest income depends on the currency rates of interest charged times the issued currency:


The value of a unit of currency is consequently determined by Eqs. (5.1) and (5.2), which can be written as:


   As above, a figure can be drawn linking currency demand (B), prices (p), and the cost of holding the currency until the end of a certain period ((1+iB)p). This interdependence can be reduced to two dimensions. The simplified real supply of currency is a horizontal line given by the central bank lending rate, and real demand depends negatively on the currency rate of interest (Fig. 5.1).

    In a less simplified version, the fact that the central bank charges several rates and also offers deposits should be taken into account. Interest payments on the deposits (iCB+) have to be deducted from the seigniorage revenue. The supply of credit currency is managed by controlling the currency rate of interest through the central bank’s lending and deposit rates. A more realistic representation is therefore given in Fig. 5.2.


    The central bank deposit rate constitutes the lower and the central bank lending rate the upper bound of the currency rate of interest. Depending on central bank policy and alternative currency supplies, the currency rate of interest may vary between these rates. If there are no alternative currency supplies, the currency rate of interest will be close to the central bank’s lending rate. It gets even more complicated if the central bank charges different rates of interest on different forms of deposits, as is done by the ECB. (The latter discriminates between deposits for minimum reserves and for excess reserves.) The main issue with respect to seigniorage is the minimum reserve requirement. Under the assumptions made above (i.e., all currency is supplied as credit and all credit is renewed every period, the supply of currency is determined by the volume of loans granted by the central bank), positive balances may arise, but they are unlikely. A private entity would have to borrow from the central bank, and another entity which obtains the currency simply deposits this currency with the central bank. This is—in a pure credit currency framework—a net gain for the central bank. Interest payments on minimum reserve requirements increase the demand for currency and may, for a spread between the effective lending and deposit rate (on minimum reserves), increase seigniorage revenue. It will be assumed, as is the case in the EMU, that reserve requirements are not costly and hence can be neglected for the study of seigniorage at this point.

5.2  Seigniorage from Supplying a Credit Currency

   Based on Eq. (5.2) with currency as numéraire ( pB ¼ 1), we can rewrite the seigniorage as

    The monetary seigniorage for a credit currency (SK) is given as the interest payments on the stock of credit granted, the “real” amount of seigniorage by the interest on the supplied credit from the central bank divided by prices:

    At first glance, this appears similar to the opportunity cost approach for a fiat currency. Even though the approaches might look similar regarding the formula, the institutional underpinnings are quite different. In the former case of a fiat currency, the interest rate is endogenous and the currency supply is exogenous. In the case of a credit currency, the central bank controls the central bank rate and the demand for currency is endogenous. Another difference is the choice of the interest rate. The rate of interest on government bonds used in the opportunity cost approach is replaced by the rate of interest charged by the central bank. The former ambiguity of estimating the “correct” rate of interest is avoided.

    If currency demand is introduced to Eq. (5.5) in the same manner as above for a fiat and commodity currency, one gets


   As with the negative relationship between currency demand and currency growth for the fiat currency, and the negative relationship between currency demand and the minting tax, a negative relationship between currency demand and the central bank rate is assumed. The first-order condition for the maximization of the seigniorage as a share of national income with respect to the central bank rate is similar to the calculations above:


    The results are similar to those for a fiat and a commodity currency. The revenue from seigniorage is maximized for a currency rate of interest such that the elasticity with respect to the rate is minus one, which is the usual result for a monopolist. This holds true only if the interest rate has no effect on trade. If trade is influenced by the central bank rate, the revenue-maximizing condition is altered. The revenue-maximizing central bank rate can be obtained by rewriting Eq. (5.7):

    For a Cagan-type demand function, the revenue-maximizing central bank rate depends solely on a constant and its impact on national income:

For the linear function, the result is quite similar:


    These results parallel the findings for the institutional monetary systems discussed above. The government faces a trade-off. The higher the central bank rate, the higher the return per unit of currency lent, but the lower the demand for currency. This can of course be represented graphically. Here the drawn curve represents the nominal return from seigniorage (see Fig. 5.3).


    As before, a dishonest return exists. In a credit currency regime, a government may borrow directly from the central bank. A loan from the central bank which is actually going to be repaid does not necessarily increase seigniorage, because the additional interest payments to the central bank are a loss to the treasury. The additional supply of currency via public spending might reduce the public’s demand for borrowing currency. Thus, the government may replace some of the central bank’s borrowers. These borrowers might be supplied with currency which was borrowed by the government and which is consequently for the public a non-borrowed currency. The government pays interest to the central bank instead of private borrowers. By so doing, the government can reduce seigniorage by substituting for private borrowers of currency. This effect is changed if the government is not willing to repay the loans granted by the central bank. If it defaults on loans from the central bank, the government makes a gain and a loss from its operations. The avoided repayment of debt is a gain to the treasury and might be represented as dishonest seigniorage. The government issues credit currency and escapes from its repayment. (?) Such gains come with a loss of seigniorage to the central bank. For a given currency demand at a certain rate of interest, the government supplies non-borrowed reserves by defaulting on its debt owned by the central bank (?) and therefore reduces the amount of currency to be borrowed from the central bank—for constant currency demand (dotted line).

    For a default exceeding the central bank’s revenue from seigniorage, the central bank’s equity reserves (which might have been accumulated in the past) are reduced. If there are no equity reserves, or the equity is depleted, the government has to raise funds by ordinary taxation and inject equity into the central bank to avoid its default (?). Alternatively, the central bank may offer to pay interest on excess reserves to sustain the central bank rate target. In this case, the government borrows indirectly from the public and the central bank services the interest payments.

    However, the government is not forced to do so. A defaulting central bank is quite similar to a government printing currency on its own behalf. Where the central bank does not or cannot absorb the additional currency supplied, it loses control of the currency rate of interest. In other words, non-borrowed currency dominates the system. The government controls the stock of currency exogenously, and the currency rate of interest is determined by the market. In the latter case, the monetary system is altered. The currency supply is exogenously determined by government spending, and the economy therefore drifts into a fiat currency system.

    This applies not only to a defaulting government but to every borrower. If currency is borrowed and spent and the debt becomes irredeemable, then the economy is supplied with non-borrowed reserves. This supply of non-borrowed reserves slowly pushes the credit currency regime toward a fiat currency regime. If the central bank takes measures to absorb the additional supply of non-borrowed reserves, it might require the central bank to run a deficit. In this case, the government has to cofinance the subsidies granted by the central bank to its creditors to whom the low central bank rate is granted. It was mentioned above that Ricardo and Wicksell objected to the possibility of permanently lowering the rate of interest below its natural level. For a commodity and a fiat currency regime, this might be true. In a credit currency regime, the government controls the central bank rate via the central bank. If the government is willing and able to subsidize a negative seigniorage, it is capable of lowering the central bank rate without creating inflation. This effect belongs to mixed monetary systems, i.e., a mixture of the ideal types analyzed so far. For private and government defaults, it will be dealt with in Sect. 6.2.

    There is a second exception regarding a default in a credit currency regime, when the default is not limited to the government. In a credit currency system, there is the additional possibility, not so far addressed in the literature, of a default on central bank loans by private lenders. This issue will be addressed in Chap. 7.

5.3  Optimal Seigniorage for a Credit Currency

    In this section, the optimality consideration of cost-covering seigniorage is transferred to a credit currency regime. It was already mentioned above that mainstream economists do not assume a credit currency, and the few economists who do so do not focus either on seigniorage or its optimal height. There is, however, an ongoing and unsettled debate regarding the “optimal” inflation target of central bank policy.

In this debate, the optimal inflation target is derived from cost-benefit analyses.

    The difficulty in adding money to equilibrium models contributes to the heterogeneity in the assumptions and results of the model (see Sect. 2.3). Even within the modern core approach to macroeconomics, which usually adds in an ad hoc fashion a perfectly homogeneous and abstract aggregate of money to the model, there is no agreement on how money should be modeled. In neoclassical general equilibrium models, like contemporary dynamic stochastic general equilibrium (DSGE) models, money is “added” by postulating a demand function and an arbitrary supply of it by the government, for which money, by assumption, has a positive price (see Stiglitz and Greenwald 2003, pp. 3–4).

    As a result, there is no generally accepted cost-benefit analysis of seigniorage.

   Stephanie Schmitt-Grohe’s and Martin Uribe’s contribution to the third volume of the Handbook of Monetary Economics (Schmitt-Grohe and Uribe 2011) provides a good example of this. Even though they limit their analysis to a specific set of assumptions and models, they are forced to run a number of analyses. The assumptions they make lead to an outcome in which the results of these variations do not depart substantially from each other (see Schmitt-Grohe and Uribe 2011, p. 715).

   Their results follow from the assumptions they have made in the first place. Their results, the costs of inflation, the benefits of increasing government debt, and the impact of currency growth on national trade, all of these intermediate results depend on the chosen framework and the way in which money is introduced into it.

    Many economists stick closely to the original Friedman rule. They derive the Friedman rule or very low inflation targets, usually close to or below zero. An example of this line of argument can be found in Schmitt-Grohe and Uribe (2011).

    As a result, they perceive a gap between the actual inflation targets of a central bank and the theoretically optimal inflation target. Inflation targets are all strictly positive. The lowest are around 2%. Many countries define a range somewhere between 2% and 8%. Only a few countries have (temporarily) departed from this range, aiming at higher rates, like Argentina, Belarus, Malawi, and Ukraine in 2016 (see Siklos 2008; Central Bank News 2016) (Table 5.1).

Reference: http://www.centralbanknews.info/p/inflation-targets.html

    Central bankers place emphasis on arguments which yield higher targets. They highlight the costs of maintaining the currency system: “resource costs, associated functions, competitiveness, inventory costs, volume of regular (liquidity) traders, extent of exposure to informed insiders and risk of being caught by an unobservable shift in underlying value” (Goodhart 1989, p. 10). Beyond that, there are further issues.

    First, there is seigniorage as a form of government revenue. Second, it is possible that the long-run Phillips curve is non-vertical at very low inflation rates. Third, there is the difficulty for monetary policy posed by a lower bound of zero on the nominal interest rate. Fourth, it is possible that measured inflation may overstate true inflation (Issing 2001, p. 190).

   The third point has received some attention in the latest publications, which identify a trade-off between the inflation objective and macroeconomic stability (see Coenen et al. 2004; Reifschneider and Williams 2000). And even though central bankers like Bernanke have doubted that estimates of the optimal inflation target can be more than “a rough approximation,” such an estimate “likewise seems crucial to making good policy in the next few years” (see Bernanke 2004, p. 166).

   The gap between inflation targets and the Friedman rule persists up until the present, leading central bankers having reaffirmed their target (see Weidman 2015; Yellen 2015).

   Other economists have valued the benefit higher and the cost of inflation lower.

   Krugman (1997), for instance, remarks, “one of the dirty little secrets of economic analysis is that even though inflation is universally regarded as a terrible scourge, efforts to measure its costs come up with embarrassingly small numbers.”

   Blanchard, for instance, derived an optimal 4% target (Blanchard et al. 2010), and Rogoff even proposed up to 6% (Rogoff 2013).

   From the perspective taken here, any discussion of an optimal rate of inflation should be seen in the context of an optimal seigniorage. Instead of a cost-benefit analysis, the cost-covering norm of optimal seigniorage is employed here (for the reasons, see in particular Sect. 2.3). The mutuality in the approaches mentioned is the assumption of a fiat currency. Hence, even though the existence of an interest rate or inflation targeting central bank is admitted, the assumption of a (paper) currency which is printed and spent is maintained. However, the supply of currency by means of crediting private entities, that is, the institutional organization of the credit currency supply, should explicitly be addressed.

5.3.1   Cost-Optimal Seigniorage for a Credit Currency

   By analogy with Eq. (3.29), an optimal currency rate of interest can be derived if we can attribute to production and maintenance costs the direct costs for producing notes, replacing worn-out notes, and fixed costs for wages and salaries of central bank employees (ΆMG) :

    This result yields an optimal interest rate, not an optimal rate of inflation. To derive an optimal rate of inflation, one has to make use of the Fisher equation and replace the currency rate of interest with the sum of the rate of inflation and the real rate of interest. Like Eq. (3.25), one gets

    As a result, a targeted rate of inflation, e.g., like that of the European Central Bank of 2%, could be justified by referring to the costs of running and maintaining the currency system. In other words, a particular target rate can be justified on the basis of a cost-covering seigniorage, if the cost of producing and maintaining the currency relative to liquidity demand and trade exceeds the real interest rate by the targeted rate of inflation. If the cost of printing and maintaining the currency system is neglected, one is back to the Friedman rule. Hence, this result is not in contrast to the Friedman rule.

    This is only part of the story. In another macroeconomic context, Stiglitz and Greenwald highlighted credit risk or in other words the probability of bankruptcy as an omitted variable. Reflecting on macroeconomics as taught before the publication of their book, they note:

   There was a single, crucial variable that was omitted from the analysis: the probability of bankruptcy, the variable which we have argued, is at the center of all monetary analysis. If everyone always repaid their loans, then there would be little role for financial institutions.

   Credit would be a trivial matter. It was understandable, perhaps, for economists who had been trained in macro-economics a quarter of a century ago to have failed to pay attention to that variable. Even today, the term ‘bankruptcy’ does not appear in the indices of most macro-economics textbooks. Yet, for policy makers the mistake is unforgivable. (Stiglitz and Greenwald 2003, p. 265)

   Stiglitz and Greenwald do not apply this insight to the supply of a credit currency, but what is obvious can be demonstrated. The approach to an optimal (cost-covering) seigniorage depends crucially on the accounted costs of production, and this includes credit risk. For a theoretical approach, it is not necessary to determine the costs empirically but to ensure that all economically relevant categories of such costs are included. I argue here that attributing the cost of production and maintenance to the direct costs of issuing a unit of currency and the fixed costs of the monetary system misses an important category of costs arising for a credit currency: the credit risk and the losses from a default—in other words, expected losses. [3]

    There is no reason why the cost of production of a “unit of currency,” for example, the cost of printing a paper note, should differ for a credit and fiat currency regime. Whether the fixed costs of maintaining the credit currency may or may not deviate from that of a fiat currency is debatable, but this is not crucial to the understanding of monetary systems. However, the lending operations of every bank are connected to risks, in particular default risk: the risk that a borrower goes bankrupt. Whatever the quality of the securities is, every private bank demands interest, partly to cover the risks incurred and partly to cover other costs. The same is true for central banks and central bank rates. Central banks face the risk (?) that their debtors will default, and hence they may be confronted with losses from their credit currency supply (Φ(B)). Indeed, central banks demand good security. Only the loss given default, not the risk of default, can be reduced by the central bank demanding good security prior to issuing currency. (?) As a result, the risk of default and the loss given default, that is, expected losses, have to be taken into account in the calculation of optimal seigniorage.

   If the expected loss on a unit of currency is constant over all issued currency units, then the first derivative of the “risk function,” the marginal risk, is a constant:

    This assumes that the expected loss does not depend on the size of the stock of issued currency. In a simplified example, where the central bank lends a certain sum to the public and the default probability on these loans times the loss in the event of default is 10% per unit of currency per annum of credit granted, and then the central bank would be required to demand a central bank rate of at least 10%. If the central bank demands a lower rate, it will, in case of an average default of 10%, run a deficit which the government has to cover by other means (for instance, through additional taxes).(?)

    The optimal seigniorage has to be such that it permits the cost of production, maintenance cost, and expected losses to be covered. The same applies to the optimal bank rate and hence the established currency rate of interest. As a result, Eq. (5.11) becomes

   As a result, Friedman’s claim of a zero interest rate does not apply for a credit currency, even if cost of production and maintenance costs ΆGM are neglected. The central bank rate charged has to cover expected losses. The cost-optimal seigniorage rule has therefore to be adapted for a credit currency even if other costs are—by analogy with a fiat currency—neglected. For a fiat currency, the interest rate on the fiat currency (iB*Chic) is, following the opportunity-cost-optimal seigniorage as expressed in Eq. (3.25), an interest rate of zero. For the credit currency, optimality requires a central bank rate (iB* ) which exceeds this rate by a markup to cover expected losses:

   Even if all other costs are neglected, a positive central bank rate target is required by the credit currency version of the so-called Friedman rule. Depending on expected losses and the real interest rate, even a positive inflation target can be justified following the simple Fisher equation:


    In case of very high expected losses, the optimal central bank rate might even be found on the decreasing section of the seigniorage revenue curve (Fig. 5.4).

   In general it may be said that, with a credit currency, the targeted rate of inflation and the currency rate of interest have to be higher than in a fiat currency in order to cover expected losses from the supply of credit currency.

5.3.2   Systemic Risk, External Effects, and Central Bank Policy

   The result of the previous subsection demonstrates that a central bank which targets a currency rate of zero, or at least below the rate necessary to cover expected losses, implicitly subsidizes either the banking industry or its customers. The bank’s finance costs are lower than would be necessary to cover the related costs of the credit currency supply. In other words, the private cost of acquiring currency differs from the social cost if the central bank violates cost-optimal seigniorage.

   The central bank rate drives a wedge between the private marginal “production cost” of currency and the interest rate actually charged. A currency rate target below the optimal rate violates the optimum of cost-covering seigniorage and hence leaves a wedge between the private and the social cost of the production of currency. This creates by definition an external effect.

   The biggest difference of such a violation, compared to the other monetary systems, is that it can be easily overlooked. Risks which might materialize in the future pile up throughout the system. The systematic mispricing of issued credit currency creates a systemic risk. This systemic risk is created by an external effect, cheap credit. But before the first lenders default, revenue from seigniorage might even appear to increase. If seigniorage is not cost-optimal in a credit currency regime, the government provides an indirect or hidden subsidy to the financial industry and its debtors. This subsidy is partly realized by the low cost of finance, owed to the low central bank rate. The most significant impact of this subsidy becomes apparent at the moment of crisis. If some or several borrowers default or are close to default, the government has to make a choice. If private banks default, the central bank may run a deficit. This deficit has to be covered from retained profits or tax payments. On the other hand, the government may try to avoid a default by using revenue from other taxes to support the “real” or “financial” economy. In both cases, the government cannot ignore the fact that the gap between private and social costs is not borne by those who benefited from the low central bank rate. Hence, the social costs remain uncovered and redistribution is instigated.

   This external effect differs slightly from the one usually presented in textbooks.

   One example may be enough to highlight the difference. In the usual presentation, an external effect is caused by direct and continuous damage to the environment, for instance, the atmospheric pollution caused by cars. Such external effects are defined here as direct external effects; they are directly connected to the use of the resource (air). One can see, measure, and smell the pollution caused by every single car while it is being driven. The external effect in the credit currency regime is not directly and continuously observable and is therefore rather similar to that of nuclear plants. Nuclear plants supply cheap electricity so long as they do not have to be insured against the full risk of a nuclear catastrophe. In Germany, for example, owners of nuclear plants benefit from a cap that limits their insurance premium in case of a nuclear worst case scenario. If the true costs exceed this cap, which is set at 500 million euros, there is an external effect. The owners of nuclear plants receive excess profits, or the clients benefit from cheap electricity. In either case, the external effect caused is not directly observable. With cars it is clear that those who do not drive cars share the burden of the air pollution without having the benefit of cheap car transportation. The burden shouldered by those not using cheap nuclear electricity appears invisible as long as there is no nuclear worst case scenario. Until then the burden shared is not obvious. Such external effects, which cannot be seen, smelt, or even precisely estimated until they arise, will be called indirect external effects. Ignoring this indirect external effect, it seems that requiring full insurance for the event of a nuclear worst case scenario only increases costs and causes disadvantages. Nonetheless, little attention is paid to the fact that by covering the external effect, the true costs of nuclear electricity production are paid by those using nuclear electricity. The same is true for credit currency regimes.

    Central bank rates below the optimal rate seem to be a cost-free benefit for economic development. Requiring that the central bank raise its rate appears solely to be “costly.” This ignores the fact that a central bank rate set below its cost-covering level creates an external effect. It subsidizes the banks receiving cheap credit or their clients. Until the advent of the financial worst-case scenario for the economy, this indirect external effect is not apparent. Systemic risk is slowly piled up and the true costs are not realized until the bubble bursts. As with examples drawn from environmental economics, a low central bank rate brings about the overuse of resources: with the case of the nuclear plant, an overuse of electricity, and, in the case of the credit currency system, an overuse of credit. Risk mediation becomes risk creation.

   In the tradition of welfare theory following Pigou and Ramsey, taxes should be applied to bring about such external effects. It was important to Ramsey (1927) that external costs are incorporated into private prices. This should be done without altering usual patterns of consumption, an idea later taken up by Phelps (1973). By the same reasoning, the cost-covering seigniorage for a credit currency should cover expected losses. Under the simple assumptions made here, the wedge or the “optimal tax” (seigniorage) covering direct and the indirect costs can easily be determined. If the expected loss is given by a constant (φ), the Friedman rule demands a minimum central bank rate at this level.

   This situation can be outlined in a real supply and demand diagram for currency, similar to Fig. 5.5.


   The real supply of currency is now a horizontal line. The central bank offers as much currency as demanded (against good collateral) to establish the desired currency rate. Following the Friedman rule for a fiat currency, the central bank would be required to maintain a zero currency rate, solely covering the direct cost of issuing currency, which has been assumed to be negligible, (BFS/p).

   An optimal seigniorage requires avoiding negative seigniorage and coverage of the direct and the indirect costs of providing currency. Regarding the central bank rate, this situation requires a central bank rate which covers the expected losses of the central bank’s borrowers. The figure shows this as a red horizontal line.

   This line is the supply curve assumed to cover the direct cost plus the related cost from the risk of default, (BKS/p). A cost-optimal seigniorage for a credit currency suggests a higher “price” for currency and a lower amount of real currency. (BK*/p), the amount of optimal currency supplied in a credit currency framework, is lower than the amount which would follow from the fiat currency Friedman rule, (BF*/p).

5.4   Summary

   It was demonstrated in this chapter that the contemporary approach to seigniorage can be transferred to a credit currency. The framework developed bears some similarity to the opportunity cost approach, but it is quite different in its underlying theory. In the opportunity cost approach, seigniorage is estimated for a fiat currency by the opportunity cost of avoiding government debt. In the framework presented above, seigniorage derives from interest payments on borrowed credit currency.

   By applying this framework to a credit currency, it was shown that a government faces a trade-off similar to that in debasing a commodity currency. Changes in central bank rates are costly to those who demanded currency in the past and who have to extend their credit at the rising currency rate of interest. The government increases its return per unit of currency, but the overall demand for currency is expected to fall for rising interest rates. This shows the direct link between a central bank’s monetary policy and seigniorage policy. These are indistinguishably intertwined.

   Besides the honest return, it was shown that a government may obtain dishonest seigniorage by borrowing from its central bank and defaulting on these credits. This constitutes a supply of non-borrowed reserves, i.e., fiat currency. This procedure presents a gradual departure from a credit currency, and it will therefore be dealt with in Sect. 6.2.

   The most remarkable results have been obtained for the analysis of an optimal seigniorage from a credit currency. First and foremost, it can be shown that the claims usually made about “optimal” rates of inflation are compatible with the theory of optimal seigniorage (see Sect. 3 but also Sect. 3.3). Optimal inflation targets are mostly discussed in terms of optimizing the costs and benefits of inflation. It is demonstrated that even in a purely cost-covering interpretation of optimality, a positive interest rate and rate of inflation follow if costs of production are considered. This result is identical to that of Chap. 3.

Second, a peculiarity of credit currency is highlighted. There are specific forms of cost—expected losses, which arise in the process of issuing credit currency.

   These costs do not arise from the supply of fiat currency as there is no risk connected to its supply. In the supply of credit currency, however, expected losses have to be taken into account. They have to be considered in the applied seigniorage policy and optimal (in the sense of cost-covering) seigniorage and hence monetary policy. To be cost-covering the targeted currency rates have to cover expected losses from central banks’ lending operations. Hence, while the supply of fiat currency is judged “one of the few legitimate ‘free lunches’ economics has discovered in 200 years of trying” (Lucas 1987), this certainly does not apply to the supply of credit currency.

   According to these findings, neither the positive inflation target of central banks nor the positive central bank rate has to concern those who adhere to the principle of a cost-covering seigniorage. Depending on central bank authorities’ judgment of expected losses (and other costs of production), the optimal central bank rate and the optimal rate of inflation are positive and they may exceed the real rate of interest. This resolves a puzzle in economic textbooks. It allows to reconcile the practical norms of central banks with the suggested optimal interest and inflation targeted by economic theory.

   Third, the cost-covering seigniorage policy is in line with and suggested by welfare theory. For targeted currency rates below those optimal in the sense of cost-covering the private cost of production of currency are below the social cost of production. In other words, if the central bank charges a bank rate below the optimal rate, it creates an external effect and thereby subsidizes its debtors. In line with the usual results in welfare theory, an external effect creates a mispricing. In this case, interest rates are “too low,” that is, they do not cover the connected cost. Charged interest rates do not allow covering expected losses. In other words, by lowering the central bank rates below their optimum, the central bank creates an external effect and a mispricing which induces a systematic and hence systemic mispricing of credit risks. This mispricing of risks leads to the buildup of mispriced risks and hence creates the threat of financial crisis. From this perspective, the normative goal of a cost-covering seigniorage can be regarded as a result of general welfare theory.


Notes:

1  Keynes uses the term representative money where here the term credit currency is used. The bank money may represent no longer a private debt, as in the above definition, but a debt owing by the State. [. . .] A particular kind of bank money is then transferred into money proper—a species of money proper which we may call representative money (Keynes 1930, p. 5).

2  As a simplification, the currency rate is taken as the return to the central bank, even though the central bank may effectively charge different, higher rates, such as its main and marginal refinancing rate.

3  Expected losses are the product of the probability of default and the loss given default.


References

Arestis, P., & Sawyer, M. (2008). Handbook of alternative monetary economics. Cheltenham: Edward Elgar.

Bank of Canada. (2010). Seigniorage. Backgrounders, March 2010. Accessed December 29, 2016, from http://www.bankofcanada.ca/wp-content/uploads/2010/11/seigniorage.pdf

Bernanke, B. S. (2004). Panel discussion: Inflation targeting. Federal Reserve Bank of St Louis, Review, 86(4), 165–168.

Binswanger, H. C. (2006). Die Wachstumsspirale: Geld, Energie und Imagination in der Dynamik des Marktprozesses. Marburg: Metropolis.

Black, F. S. (1987). Business cycles and equilibrium. New York: Basil Blackwell.

Blanchard, O., Dell’Ariccia, G., & Mauro, P. (2010). Rethinking macroeconomic policy. IMF Staff Position Note SPN/10/03. Accessed December 31, 2016, from https://www.imf.org/external/pubs/ft/spn/2010/spn1003.pdf

Bundesbank. (2010). Geld und Geldpolitik. Accessed September 13, 2011, from http://www.bundesbank.de/download/bildung/geld_sec2/geld2_03.pdf

Bundesbank. (2017, April). Monthly Bulletin.

Central Bank News. (2016). Inflation targets table for 2016. Accessed January 02, 2017, from http://www.centralbanknews.info/p/inflation-targets.html

Coenen, G., Orphanides, A., & Wieland, V. (2004). Price stability and monetary policy effectiveness when nominal interest rates are bounded at zero. Advances in Macroeconomics, 4(1), 1–25.

Davidson, P. (1972). Money and the real world. Edinburgh: R.&R. Clark LTD.

Emunds, B. (2000). Finanzsystem und Konjunktur. Marburg: Metropolis.

European Central Bank. (2011). The monetary policy of the ECB. Frankfurt: European Central Bank.

Gebauer, W. (2004). Geld und W€ahrung. Frankfurt: Bankakademie Verlag.

Goodhart, C. A. E. (1989). The central bank and the financial system. Basingstoke: Macmillan.

Hahn, L. A. (1930). Volkswirtschaftliche Theorie des Bankkredits (3rd ed.). Tübingen: J.C.B. Mohr.

Hawtrey, R. (1962). The art of central banking. New York: Augustus M. Kelly.

Issing, O. (2001). Why price stability? In A. G. Herrero (Ed.), Why price stability? European Central Bank: Frankfurt.

Keynes, J. M. (1930 [1971]). A treatise on money – The applied theory of money (Collected Writings, Fifth Volume). London: Macmillan.

Krugman, P. R. (1997). The age of diminished expectations: US economic policy in the 1990s. Cambridge: MIT Press.

Lavoie, M., & Godley, W. (2012). Monetary economics. New York: Palgrave Macmillan.

Lucas, R. E. (1987). Models of business cycles. Oxford: Basil Blackwell.

Moore, B. J. (1991). Money supply endogeneity: ‘Reserve Price Setting’ or ‘Reserve Quantity Setting’? Journal of Post Keynesian Economics, 13(3), 404–413.

Nautz, D. (2000). Die Geldmarktsteuerung der Europ€aischen Zentralbank und das Geldangebot der Banken. Heidelberg: Physica.

Phelps, E. S. (1973). Inflation in the theory of public finance. Swedish Journal of Economics, 75, 867–882.

Ramsey, F. P. (1927). A contribution to the theory of taxation. Economic Journal, 37(145), 47–61.

Reifschneider, D., & Williams, J. C. (2000). Three lessons for monetary policy in a low-inflation era. Journal of Money, Credit, and Banking, 32(4), 936–966.

Rogoff, K. (2013). Inflation is still the lesser evil. Project Syndicate, June 6th. Accessed December 31, 2016, from https://www.project-syndicate.org/commentary/the-benefits-of-higher-inflation-by-kenneth-rogoff?barrier¼accessreg

Schmitt-Grohe, S., & Uribe, M. (2011). The optimal rate of inflation. In B. M. Friedman & M. Woodford (Eds.), Handbook of Monetary Economics (Vol. 3, pp. 653–722). North-Holland: Elsevier.

Siklos, P. L. (2008). Inflation targeting around the world. Emerging Markets Finance and Trade, 44(6), 17–37 (Special Issue on Inflation Targeting Around the Globe: The Experience of Advanced and Emerging Market Economics).

Stiglitz, J. E., & Greenwald, B. (2003). Towards a New Paradigm in Monetary Economics. Cambridge: Cambridge University Press.

Weidman, J. (2015). Euro-Krise und kein Ende. Speech at Industry Summit in Gütersloh, November 23rd. Accessed January 01, 2017, from http://www.bundesbank.de/Redaktion/DE/Reden/2015/2015_09_23_weidmann.html

Wicksell, K. (1898). Geldzins und G€uterpreise. Jena: Gustav Fischer.

Wicksell, K. (1922 [1984]). Vorlesungen u€ber National€okonomie. Aalen: Scientia.

Woodford, M. (2003). Interest and prices. Princeton: Princeton University Press.

Yellen, J. L. (2015). Inflation Dynamics and Monetary Policy, Speech at the Philip Gamble Memorial Lecture, University of Massachusetts, Amherst, Amherst, Massachusetts, September 24th. Accessed December 31, 2017, from https://www.federalreserve.gov/newsevents/speech/yellen20150924a.htm

sabato 27 aprile 2024

The Rise of Digital Finance

[Extracted from: Banking and Antitrust

133 Yale L. J. 1162 (2024)

Cornell Legal Studies Research Paper No. 24-03

93 Pages Posted: 22 Jan 2024 Last revised: 7 Mar 2024

  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4700435 ]



B. The Rise of Digital Finance 


    Post-2008, banking and finance have entered an era of digital disruption and transformation.453 Today, algorithms allow cryptographically secured record-keeping and peer-to-peer trading of diverse digital assets on “distributed ledgers” or “blockchains.” 454 With this promise of tech-enabled decentralization, digital finance is often touted as inherently more competitive and democratic than the traditional financial system. Yet, the digitization of financial services is not a value-neutral technological development; it is a political project that seeks to redefine core financial and economic relationships often in nontransparent ways. 455 New market actors use technology to unbundle and supercharge the existing banking model, thus exacerbating many of the political-economy concerns driving antimonopoly policy. From a public policy perspective, the greatest challenge is not simply accommodating transaction-level technological change but understanding and managing the shifts in the distribution and exercise of structural power in the rapidly self-reinventing financial markets. 456 


    To date, the evolution of fintech and crypto-finance has largely followed the familiar trajectory of “shadow banking,” whereby traditional banking functions—money creation and credit allocation—are unbundled and replicated outside of the regulated banking system. 457 Shadow banking in general, and fintech and crypto specifically, are often motivated by a desire to arbitrage around the existing banking rules and regulations, thereby capturing the benefits of banks’ “specialness” while evading the constraints of banking law. 458 As the pre-2008 experience shows, unchecked growth of such alternative markets impairs regulators’ ability to prevent excessive accumulations of risk and leverage in the financial system. More fundamentally, permitting the rampant growth of private forms of money and money substitutes threatens the sovereign public’s ability to control the supply and flow of money and credit in the economy. 459 


   Cryptocurrencies, designed to function as substitutes for sovereign money, bring these public/private dynamics to the surface. The conception of Bitcoin, for example, was openly “celebrated as an informal declaration of independence from corrupt state-backed money.” 460 Ironically, its failure to become a viable form of money underscores the fact that private digital currencies need access to the nation’s full faith and credit. 


   Stablecoins, which claim to maintain stable value pegged to the U.S. dollar or other safe assets, emerged in response to this demand. Stablecoins are typically collateralized by dollar bank deposits and government bonds from which they derive their value and capacity to function as a private substitute for public money. 461 Currently dominant stablecoins—including USD Coin, Tether, and Binance USD—are the “on ramp” connecting crypto markets to the rest of the financial system. 462 


   Stablecoins support an entire decentralized-finance ecosystem that utilizes software in place of traditional financial intermediaries to replicate lending, asset management, trade execution, and other financial services. 463 A structurally complex and interconnected web of exchanges, liquidity providers, investment vehicles, and other nodes perform critical functions in these markets. 464 Without regulatory oversight and disclosure mandates, potential conflicts of interest and overlaps in the ownership and control of various nodes are difficult to detect. 465 


    This blurring of legal and regulatory lines is especially problematic given the private-market actors’ desire to scale up digital-asset trading by integrating it into the traditional financial system. Currently, many crypto and fintech firms have some affiliation with regulated banks. 466 Banks perform depository and back-office services on behalf of tech platforms. 467 In “rent-a-charter” arrangements, fintech companies outsource loan origination to their partner banks, benefitting from federal preemption of certain state consumer protection laws. 468 Federally insured banks may also act as third-party custodians of crypto assets and provide related services. 469 These and other evolving relationships enable nonbanks to benefit from cheap deposit funding and other banking privileges, while operating outside of the bank regulatory regime and defying the legally mandated separation of banking and commerce. 470 Left unchecked, this can easily morph into a modern-day version of loosely organized “money trusts” controlling the flows of money, credit, and commercial goods and services through their platforms. 


    Banks are also developing their own digital-asset operations. Large Wall Street conglomerates are using blockchain technology, 471 running digital platforms for trading tokenized securities and derivatives, 472 issuing stablecoins, 473 and offering their clients digital-asset investment products. 474 If allowed, a massive entry of publicly subsidized banks will spur potentially unprecedented growth of digital-asset markets. 475 As with many past “innovations,” tokenization offers regulated firms the opening to contest and relitigate the appropriate boundaries and applicability of existing rules to financial products offered in new packages or under new labels. It also creates new forms of structural interconnectedness between crypto firms and regulated financial institutions. 476 This raises significant concerns not only about financial stability but also about excessive concentrations of power in digital platform-based finance. 


     The latter concern is particularly urgent due to the heightened risks related to the collection, use, and misuse of customer data by crypto, fintech, and Big Tech firms. Because consumer information is vital to their businesses, these entities collect vast amounts of personal and financial data. 477 Large-scale combinations of tech platforms, data, and finance enable potentially systematic anticonsumer and anticompetitive practices. For example, tying has become a common business practice for digital platforms. 478 Integrated and powerful techfinance platforms can engage in unfair pricing and manipulation of consumer behavior; 479 illicitly collect and weaponize competitor information; 480 and use their data and market power to trap consumers inside their “walled gardens.” 481 


     Diem Association, a corporate consortium led by Big Tech giant Meta, brought these risks into sharp relief when it announced its plan to issue a global stablecoin called Diem. 482 The project drew backlash from policymakers, alarmed by its potential to facilitate illegal transactions and threaten financial stability. 483 What made this project a truly systemic concern, however, was its potential to create a globally dominant, private monetary system and a captive marketplace, controlled by Meta and built on top of its social-media platform. 484 Although the Diem project was eventually scrapped, the emergence of such a superplatform remains an ongoing threat. In early August 2023, for example, the dominant electronic-payment company PayPal announced the launch of its own U.S. dollar-denominated stablecoin for use by PayPal customers. 485 Issued on the Ethereum blockchain in partnership with a state-chartered stablecoin issuer, PayPal USD may well be able to succeed where Diem has failed. 486 


     These structural dynamics expose the key motivations behind much of today’s digital innovation: the relentless push to both “unbundle” and supercharge the private benefits and privileges of the banking franchise, while also decoupling them from the accompanying public accountability and legal constraints on the misuse of that franchise. In doing so, the digital disruption is pushing against the traditional public-policy principles embedded in the U.S. banking law. Rather than democratizing the financial system and making it more competitive, current developments in digital-asset markets implicate many concerns historically associated with corporate “bigness” and the rise of “money trusts.” 487 The growing specter of Big Tech becoming an integral part of the new-generation TBTF finance—bigger, faster, and relentlessly expansive—heightens and concretizes these concerns. 488 


     Yet, the U.S. policy discourse focuses primarily on making digital assets “safer” for consumers and investors in order to facilitate “responsible innovation” in financial markets. 489 The efforts to establish “regulatory sandboxes” 490 and create special fintech charters 491 reflect this fundamentally accommodative approach to digitization. 492 An even clearer example is the current debate on stablecoin regulation, forcefully converging around the central goal of making private stablecoins “stable” and “safe” for use in payments—typically, by limiting their issuance to FDIC-insured banks or mandating the composition of the reserves backing their value. 493 


   The principal flaw of this approach is its limited focus on the microlevel, transactional benefits of stablecoins and related technologies. Framing the key policy choices in terms of “fast and safe payments” obscures potentially far-reaching macrolevel, structural implications of opening the banking franchise to private cryptocurrency issuers or,conversely, opening private cryptocurrency markets to banks. Institutionalized access to direct or indirect public subsidies can turbocharge speculative trading in digital assets and spawn the next-generation crypto system—infinitely scalable and highly concentrated, yet also structurally connected to the core of traditional finance. This digitized version of finance would further blur the already problematic line between ostensibly private markets and the ever-expanding public safety net. It would grow increasingly complex and opaque, difficult to govern or regulate, and prone to much faster and more violent crisis dynamics than the current system has ever been. 494 To guard against these dangers, policymakers must expand their view beyond transactional efficiencies and “safety” of individual technologies and focus on the structural dynamics and tech-driven power shifts in financial markets. At every point, their probing gaze should be fixed not on any single “innovation” but on the ecosystem around it.   


     This is where the project of rediscovering the antimonopoly spirit and function of banking law is especially relevant and important. It provides both a comprehensive normative foundation and time-tested doctrinal apparatus for more effective policymaking in digitized financial markets. Legal constraints on banking institutions’ activities and affiliations are particularly potent—and currently underutilized—tools in this respect. Regulators should use these provisions more assertively and flexibly, both (1) to prevent banks from engaging in, or channeling credit into, crypto speculation; and (2) to keep fintech and crypto firms from illicitly exploiting the bank subsidy. Legislative and regulatory actions that enable fintech and crypto firms to operate inside the banking system, or to replicate such access through contractual arrangements with banking institutions, should, at the very least, explicitly subject such nonbank entities to the BHCA’s prohibitions on combining banking and commerce. 495 In doing so, it is critical to give regulators greater flexibility in identifying and limiting new patterns of direct control or indirect controlling influence, which may lead to excessive concentrations of both financial risk and market power. Furthermore, depending on the business models or structural footprints of the relevant entities, it may be necessary to subject them to a more stringent “Super-BHCA” regime, along with stricter “Super-23A” limitations on their transactions with affiliates. 496 Instituting special restrictions against tying, insider transactions, and ownership and management interlocks are similarly important—especially, given the existing evidence of how prevalent such practices are in the fintech, crypto, and digital-platform markets. These measures would create structural barriers to abuses of concentrated market power in digital finance, reducing its potential to harm consumers and destabilize the financial system. 


    Again, our goal is not to offer specific solutions to specific problems raised by the ongoing digitization of finance. We use these examples to illustrate how the new narrative of U.S. banking law advanced in this Essay can help to reset regulatory priorities in this area. Combining traditional prudential aims of banking law with broader antimonopoly concerns creates an opening for more effective and comprehensive responses to contemporary technological disruptions. Only by targeting structural power shifts in the rapidly evolving financial markets can the stability, vitality, and democratic foundations of our economy be preserved.


Notes:


453. See Steele, supra note 259, at 234-35. 


454. Robleh Ali, John Barrdear, Roger Clews & James Southgate, Innovations in Payment Technologies and the Emergence of Digital Currencies, 54 Bank Eng. Q. Bull. 262, 266-67 (2014). 


455. See Omarova, supra note 34, at 735 (“expos[ing] the normative and political significance of fintech as the catalyst for a potentially decisive shift in the underlying public-private balance of powers, competencies, and roles in the financial system.”). 


456. See generally Omarova, supra note 33 (offering a taxonomy of, and suggesting regulatory responses to, the macrostructural effects of fintech). 


457. See Hockett & Omarova, supra note 29, at 1202-11. 


458. See Crypto-Assets: Implications for Consumers, Investors, and Businesses, Dep’t of the Treasury 40 (2022) [hereinafter Treasury Crypto-Asset Report], https://home.treasury.gov/system/files/136/CryptoAsset_EO5.pdf  [https://perma.cc/VKC2-7MV3 ]. 


459. Omarova, supra note 34, at 792. 


460. Archie Chaudhury, Reflecting on Satoshi Nakamoto’s Manifesto, The Bitcoin White Paper, Bitcoin Mag. (Oct. 31, 2022), https://bitcoinmagazine.com/culture/reflecting-on-satoshiwhite-paper  [https://perma.cc/3G3B-UMYJ ]. 


461. Some stablecoins are backed by other crypto assets, and so-called algorithmic stablecoins employ software to stabilize their value. Most stablecoins, however, are backed by the U.S. dollar reserves. Mitsu Adachi et al., Stablecoins’ Role in Crypto and Beyond: Functions, Risks, and Policy, Eur. Cent. Bank Macroprudential Bull. (July 11, 2022), https://www.ecb.europa.eu/pub/financial-stability/macroprudential-bulletin/html/ecb.mpbu202207_2~836f682ed7.en.html  [https://perma.cc/R5J8-JQ6G ]. 


462. See Gordon Y. Liao & John Caramichael, Stablecoins: Growth Potential and Impact on Banking 6 (Bd. of Governors of the Fed. Rsrv. Sys., International Finance Discussion Papers 1334), https://www.federalreserve.gov/econres/ifdp/files/ifdp1334.pdf  [https://perma.cc/2EF8-GDM8 ].


463. See Decentralized Finance: (DeFi) Policy-Maker Toolkit, World Econ. F. 5-11 (June 2021), https://www.weforum.org/whitepapers/decentralized-finance-defi-policy-maker-toolkit  [https://perma.cc/2B72-KBES ]. 


464. See Alexandra Born, Isabella Gschossmann, Alexander Hodbod, Claudia Lambert & Antonella Pellicani, Decentralised Finance—A New Unregulated Non-Bank System?, Eur. Cent. Bank MacroPrudential Bull. (July 11, 2022), https://www.ecb.europa.eu/pub/financial-stability/macroprudential-bulletin/focus/2022/html/ecb.mpbu202207_focus1.en.html  [https://perma.cc/J2LM-GQV2 ]. 


465. Concentrated holdings of many DeFi protocols’ and platforms’ governance tokens amplify concerns about market manipulation, self-dealing, and the overall fragility of crypto-finance. See Treasury Crypto-Asset Report, supra note 458, at 30, 36; Report on Stablecoins, President’s Working Grp. on Fin. Mkts., Fed. Deposit Ins. Corp., & Off. Comptroller Currency 9 (Nov. 2021) [hereinafter Report on Stablecoins] https://home.treasury.gov/system/files/136/StableCoinReport_Nov1_508.pdf  [https://perma.cc/5W2T-PGMD ]. 


466. See Report on Stablecoins, supra note 465, at 12-13. 


467. See Assessing the Impact of New Entrant Non-Bank Firms on Competition in Consumer Finance Markets, Dep’t of the Treasury 25 (Nov. 2022) [hereinafter Treasury Fintech Report], https://home.treasury.gov/system/files/136/Assessing-the-Impact-of-New-Entrant-Nonbank-Firms.pdf  [https://perma.cc/J7XM-R4N9 ]. 


468. See Christopher K. Odinet, Predatory Fintech and the Politics of Banking,106 Iowa L. Rev.1739, 1745-46, 1795-98 (2021). 


469. Jonathan V. Gould, Offi. of the Comptroller of the Currency Interpretive Letter No. 1170, Authority of a National Bank to Provide Cryptocurrency Custody Services for Customers 1 (July 22, 2020); Benjamin W. McDonough, Off. of the Comptroller of the Currency Interpretive Letter No. 1179, Chief Counsel’s Interpretation Clarifying: (1) Authority of a Bank to Engage in Certain Cryptocurrency Activities; and (2) Authority of the OCC to Charter a National Trust Bank 1 (Nov. 18, 2021). 


470. Treasury Fintech Report, supra note 467, at 24, 80-84. In addition to subsidized deposit funding, crypto companies are seeking access to Federal Reserve master accounts and the associated public payment system. See Custodia Bank, Inc. v. Fed. Rsrv. Bd. of Governors, No. 22-CV125, 2022 WL 16901942, at *1-2 (D. Wyo. Nov. 11, 2022) (alleging an unlawful delay in the Fed’s evaluation of Custodia’s application for a master account under the Federal Reserve Act). 


471. Eva Szalay & Philip Stafford, HSBC and Wells Fargo to Settle Currency Trades with Blockchain, Fin. Times (Dec. 13, 2021), https://www.ft.com/content/1a4dcaf5-2b4b-4f0b-8c58-a8fa173f24b3  [https://perma.cc/3WLM-WX6J ]; Yueqi Yang, JPMorgan Finds New Use for Blockchain in Trading and Lending, Bloomberg (May 26, 2022, 8:30 AM EDT), https://www.bloomberg.com/news/articles/2022-05-26/jpmorgan-finds-new-use-forblockchain-in-collateral-settlement  [https://perma.cc/T2HK-8HHU ]. 


472. Goldman Sachs Unveils Digital Asset Platform with EIB €100m Blockchain Bond, Ledger Insights (Nov. 30, 2022), https://www.ledgerinsights.com/goldman-sachs-unveils-digitalasset-platform-with-eib-e100m-blockchain-bond  [https://perma.cc/MC78-7VFB ]; Penny Crosman, How JPMorgan Is Developing an Internet of Money, Am. Banker (July 25, 2022, 1:46 PM EDT), https://www.americanbanker.com/news/how-jpmorgan-is-developing-an-internet-of-money  [https://perma.cc/DH6Z-EYD7 ]. 


473. Penny Crosman, Banks Form Consortium to Mint USDF Stablecoins, Am. Banker (Jan. 12, 2022, 12:27 PM EST), https://www.americanbanker.com/news/banks-form-consortium-tomint-usdf-stablecoins  [https://perma.cc/P5YG-4D2A ]; Onyx Coin Systems Product Team, J.P. Morgan, https://www.jpmorgan.com/onyx/coin-system.htm  [https://perma.cc/2VPP888B ]. 


474. Hugh Son, Morgan Stanley Becomes the First Big U.S. Bank to Offer its Wealthy Clients Access to Bitcoin Funds, CNBC (Mar. 17, 2021, 8:52 PM EDT), https://www.cnbc.com/2021/03/17/bitcoin-morgan-stanley-is-the-first-big-us-bank-to-offer-wealthy-clients-access-tobitcoin-funds.html   [https://perma.cc/8Q6R-WVAP ]. 


475. Historically, the entry of U.S. banks into derivatives trading spurred the exponential growth of global derivatives markets. See Omarova, supra note 323, at 1044-45 (“This Article tells a story of one U.S. regulatory agency, the Office of the Comptroller of the Currency (OCC), gradually and deliberately expanding the ability of large U.S. commercial banks to engage in trading and dealing in complex over-the-counter derivatives and emerge as the leading players in global derivative markets.” (footnotes omitted)). 


476. For example, Silvergate Bank, a leading provider of banking services to the crypto-industry, experienced a massive deposit run after the collapse of FTX, a major crypto-exchange, in late 2022. Yueqi Yang & Hannah Levitt, Crypto Panic at Silvergate Spawns a New Breed of Bank Run, Bloomberg (Jan. 6, 2023, 12:44 PM EST), https://www.bloomberg.com/news/articles/2023-01-06/crypto-panic-at-silvergate-spawns-a-new-breed-of-bank-run  [https://perma.cc/93VR-QPZY ]. Silvergate borrowed $4.3 billion from the Federal Home Loan Bank System. Kate Berry, Silvergate Bank Loaded Up on $4.3 Billion in Home Loan Bank Advances, Am. Banker (Jan. 10, 2023, 1:56 PM EST), https://www.americanbanker.com/news/silvergatebank-loaded-up-on-4-3-billion-in-fhlb-advances  [https://perma.cc/JTV3-JH89 ]. This illustrates the extraordinary private benefits—and potential public costs—of expanding direct or indirect access to the federal safety net. Silvergate was eventually forced to self-liquidate, creating additional reputational risks for Signature Bank, which offered deposit services to crypto businesses. Signature’s highly concentrated deposit base and large amounts of uninsured deposits ultimately led to its failure. See FDIC’s Supervision of Signature Bank, Fed. Deposit Ins. Corp. 13-16 (Apr. 28, 2023), https://www.fdic.gov/news/press-releases/2023/pr23033a.pdf  [https://perma.cc/CA87-X3SH ]. 


477. Treasury Fintech Report, supra note 467, at 86; see also Treasury Crypto-Asset Report, supra note 458, at 49 (describing privacy and surveillance risks associated with crypto-assets and crypto platforms). 


478. See Qian Wu & Niels J. Philipsen, The Law and Economics of Tying in Digital Platforms: Comparing Tencent and Android, 19 J. Competition L. & Econ. 103, 103 (2023). 


479. Treasury Fintech Report, supra note 467, at 88. 


480. Khan, supra note 64, at 1025-33. 


481. Id. at 1096-98; see also CFPB Off. of Competition & Innovation & Off. of Mkts., Big Tech’s Role in Contactless Payments: Analysis of Mobile Device Operating Systems and Tap-to-Pay Practices, Cons. Fin. Prot. Bureau (Sept. 7, 2023), https://www.consumerfinance.gov/data-research/research-reports/big-techs-role-in-contactless-payments-analysis-of-mobile-deviceoperating-systems-and-tap-to-pay-practices/full-report  [https://perma.cc/2MZZ-Q9AV ] (discussing the ability for the Apple Pay digital wallet to restrict its tap-to-pay functions for disfavored products, raising potential implications for the applicability of open banking regulations). 


 482. Ryan Browne, Facebook-backed Diem Aims to Launch Digital Currency Pilot Later This Year, CNBC (Apr. 21, 2021, 8:17 AM EDT), https://www.cnbc.com/2021/04/20/facebook-backeddiem-aims-to-launch-digital-currency-pilot-in-2021.html  [https://perma.cc/VR3YRYHM ]. 


483. Paul Kiernan, Fed’s Powell Says Facebook’s Libra Raises ‘Serious Concerns,’ Wall St. J. (July 11, 2019, 8:52 PM ET), https://www.wsj.com/articles/feds-jerome-powell-faces-senators-afterrate-cut-signal-11562837403  [https://perma.cc/2JTL-A2XG ]. 


484. Saule Omarova & Graham Steele, Opinion, There’s a Lot We Still Don’t Know About Libra, N.Y. Times (Nov. 4, 2019), https://www.nytimes.com/2019/11/04/opinion/facebook-libra-cryptocurrency.html  [https://perma.cc/TCG4-48RA ]. 


485. See Press Release, PayPal, PayPal Launches U.S. Dollar Stablecoin (Aug. 7, 2023), https://newsroom.paypal-corp.com/2023-08-07-PayPal-Launches-U-S-Dollar-Stablecoin  [https://perma.cc/2G9B-QWA9 ]. 


486. See Michael J. Casey, Opinion, PayPal’s Stablecoin Is No Libra. Why the Timing Feels Right, Consensus Mag. (Aug. 11, 2023, 2:58 PM EDT), https://www.coindesk.com/consensusmagazine/2023/08/11/paypals-stablecoin-is-no-libra-why-the-timing-feels-right  [https://perma.cc/ALR8-C5RE ]. 


487. See supra Section I.B.1. ù


488. Omarova, supra note 33, at 106. 


489. Katie Kummer, Christopher Woolard, Fatima Hassan-Szlamka & Danielle Grennan, What Actions Can Drive Responsible Innovation in Digital Assets?, Ernst & Young (Sept. 30, 2022), https://www.ey.com/en_gl/public-policy/what-actions-can-drive-responsible-innovationin-digital-assets  [https://perma.cc/DRC7-M3DZ ]. 


490. Alessandra Carolina Rossi Martins, A Sandbox for the U.S. Financial System, Regul. Rev. (Aug. 19, 2021), https://www.theregreview.org/2021/08/19/rossi-martins-sandbox-for-usfinancial-system  [https://perma.cc/7TR2-Y48E ]. 


491. Wyoming offers a charter for Special Purpose Depository Institutions that are authorized to take uninsured deposits and conduct other financial activities (except for lending). Wyo. Stat. Ann. § 13-12-103 (West 2020); 021-20 Wyo Code R. (LexisNexis 2023). New York’s BitLicense regime requires virtual currency companies to receive approval of new products and services, submit affiliates to examination, and comply with consumer-protection and anti-fraud requirements. N.Y. Comp. Codes R. & Regs. 23, §§ 200.10, 200.13(d) & 200.19 (2015). The OCC has created a Special Purpose National Bank (SPNB) charter for fintech companies that are not required to obtain FDIC insurance. 12 C.F.R. § 5.20(e)(1)(i) (2022); Comptroller’s Licensing Manual Supplement: Considering Charter Applications from Financial Technology Companies, Off. of the Comptroller of the Currency 2-3 (2018), https://www.occ.treas.gov/publications-and-resources/publications/comptrollers-licensing-manual/files/pub-considering-charter-apps-from-fin-tech-co.pdf  [https://perma.cc/GZS8-6E46 ]. 


492. Saule T. Omarova, Dealing with Disruption: Emerging Approaches to Fintech Regulation, 61 Wash. U.J.L. & Pol’y 25, 37-52 (2020) (discussing “regulatory sandboxes” and special fintech charters). 


493. See, e.g., Chairman McHenry’s Clarity for Payment Stablecoins Act Approved by the House Financial Services Committee, Davis Polk (Aug. 9, 2023), https://www.davispolk.com/insights/clientupdate/chairman-mchenrys-clarity-payment-stablecoins-act-approved-house-financial  [https://perma.cc/G7HE-6HH8 ]; Press Release, Sen. Comm. on Banking, Hous., & Urban Affs., Toomey Introduces Legislation to Guide Future Stablecoin Regulation (Dec. 21, 2022), https://www.banking.senate.gov/newsroom/minority/toomey-introduces-legislation-toguide-future-stablecoin-regulation  [https://perma.cc/KQ9V-SPKP ]; Howell E. Jackson, Timothy G. Massad & Dan Awrey, How We Can Regulate Stablecoins Now—Without Congressional Action, 1-2 (Brookings Inst., Hutchins Ctr. Working Paper No. 76, 2022), https://www.brookings.edu/wp-content/uploads/2022/08/WP76-Massad-et-al_v4.pdf  [https://perma.cc/JLE6-UCSY ]. 


494. See Omarova, supra note 33 (discussing technology-driven structural changes in the financial system and the regulatory challenges they pose). 


495. See supra Part V. 


496. See, e.g., 12 U.S.C. § 1851(f)(1) (2018)

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